DETAILED ACTION
This office action is in response to the claims filed by the applicant on 08/05/2024. The applicant claims domestic priority to provisional application 63/530,832 filed on 08/04/2023. Therefore, claims 1-20 have an effective filing date of 08/04/2023 and are examined on the merits.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2-6 and 14-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the top wall" in line 2. Claim 2 depends from claim 1 which does not disclose “a top wall”. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claims 3-6 are rejected under the same grounds for being dependent on claim 2.
Claim 14 recites “the at least one arm” in line 1. Claim 14 depends from claim 9 which does not recite “at least one arm”. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites “a retention wall” in lines 1-2, “the at least one arm” in lines 2 and 3. Claim 15 depends from claim 9 which already recites “a retention wall” but does not recite “at least one arm”. It is not clear whether the retention walls of claims 9 and 15 are the same or different structures which leads to indefiniteness. Therefore, there is improper and insufficient antecedent basis for these limitations in the claim.
Claim 16 recites “the at least one arm” in line 1. Claim 14 depends from claim 9 which does not recite “at least one arm”. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-12, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morini (WO 9964313 – applicant provided art).
Regarding claim 1, Morini discloses a package (figure 1) comprising
a container (item 2, figure 1) formed to include an interior product-storage region and a filler neck (item 3, figure 1) defining an opening arranged to open into the interior-product storage region, and
a dispensing closure (items 4, 6, 10, 20, figures 4A-4B) coupled to the filler neck, the dispensing closure including a controller mount (item 20, figure 4B) and a product-discharge controller (items 4, 6, figure 4B) that is formed to include a product-discharge passageway (item 8, figure 4A), the product-discharge controller including a valve cradle (item 6, figure 4B) and a flexible valve (item 4, figure 4B) being configured to change between a normally-closed position in which fluid material stored in the interior product-storage region of the container is blocked from exiting the product-discharge passageway (see figure 4A) and a pressurized-open position in which the fluid material passes through the product-discharge passageway in the event the container is squeezed to pressurize the fluid material stored in the interior product-storage region (see figure 4B),
wherein the valve cradle is coupled to the controller mount and the flexible valve is arranged to lie axially between the cradle and an upper end of the controller mount (figures 4A-4B), the valve cradle includes a center post (item 7, figure 4B) arranged radially inward from the controller mount relative to a central axis of the dispensing closure and at least one arm (plurality of radial ribbings that form passageways 8, figures 4A-4B, page 4, lines 15-19) extending between the controller mount and the center post to establish the product-discharge passageway such that the product-discharge passageway is offset from the central axis toward the controller mount.
Regarding claim 2, Morini discloses that the controller mount includes a cradle-support wall (skirt of support 20, figure 4B) extending upwardly from a top wall and a valve retainer (horizontal top wall of support 20 that abuts top surface of valve 4, figure 4B) extending radially inward from an upper end of the cradle-support wall to define a product-discharge outlet of the dispensing closure (figure 4B), and the valve cradle further includes a retention wall (item 9, figure 4B) coupled to the at least one arm and arranged radially outward from the center post.
Regarding claim 3, Morini discloses that the flexible valve includes an outer retention edge (outer edge of valve 4 that is sandwiched between retention wall 9 and horizontal wall of support 20, figure 4B) fixed axially between the valve retainer and the retention wall, an inner edge (inner hole 5 comprising a circular opening, figure 4B) arranged radially inward from the outer retention edge, and a main body (body of valve 4 formed by components 4a, 4b, 4c, figures 4A-4B) extending between the outer retention edge and the inner edge.
Regarding claims 4-5 and 7, Morini discloses that the inner edge of the flexible valve is sized to engage an outer surface (item 7a, figure 4B) of the center post to establish the normally-closed position so that the fluid material is blocked from passing through the product-discharge passageway into the product-discharge outlet (see figure 4A), wherein the main body of the flexible valve pivots upward in response to applying pressure below the flexible valve to provide a gap between the outer surface of the center post and the inner edge of the flexible valve to establish the pressurized-open position so that the product-discharge passageway is in fluid communication with the product-storage discharge outlet for fluid material to pass through (see figure 4B).
Regarding claim 6, Morini discloses that the retention wall and the valve retainer cooperate to define a valve-receiving recess (space into which valve portion 4b extends to and is secured therein, figure 4B) for the outer retention edge to fix the outer retention edge therebetween.
Regarding claim 8, Morini discloses that the inner edge of the flexible valve is arranged axially downward from an upper end of the center post when the flexible valve is in the normally-closed position (inner walls of hole 5 lie below top surface of center post 7 in a normally-closed position, see figure 4A).
Regarding claim 9, Morini discloses a dispensing closure (items 4, 6, 10, 20, figures 4A-4B) for a container (item 2, figure 4A), the dispensing closure comprising
a base (item 20, figure 4A) configured to be mounted on a container, the base including a controller mount (tubular support structure of 20, figure 4B) having a cradle-support wall (skirt of support 20, figure 4B) and a valve retainer (horizontal top wall of support 20 that abuts top surface of valve 4, figure 4B) coupled to the cradle-support wall and extending radially inward towards a central axis of the dispensing closure (figure 4A), the valve retainer establishing a product-discharge outlet (outlet formed by passageways 8, figure 4A) of the dispensing closure, and
a product-discharge controller (items 4, 6, figures 4A-4B) having a valve cradle (item 6, figure 4A) formed to include a product-discharge passageway (outlet formed by passageways 8, figure 4A) and a flexible valve (item 4, figure 4B) configured to change between a normally-closed position in which the product-discharge passageway is closed off from the product-discharge outlet (figure 4A) and a pressurized-open position in which the product-discharge passageway is in fluid communication with the product-discharge outlet (figure 4B),
wherein the valve cradle includes a retention wall (item 9, figure 4B) coupled to the cradle-support wall and a center post (item 7, figure 4A) arranged radially inward from the retention wall to cooperate with the retention wall to define the product-discharge passageway therebetween such that the product-discharge passageway is offset from the central axis, and wherein the flexible valve is axially-retained between the retention wall and valve retainer of the controller mount and engages the center post when the flexible valve is in the normally-closed position and is separated from the center post when the flexible valve is in the pressurized open position (figures 4A-4B).
Regarding claim 10, Morini discloses that the flexible valve comprises material free of silicone (the disclosure does not mention any use of silicone, see disclosure of Morini).
Regarding claim 11, Morini discloses that the flexible valve comprises thermoplastic elastomer (page 1, lines 14-15).
Regarding claim 12, Morini discloses that the fluid material is blocked from passing through the center post of the valve cradle (center post 7 has a closed configuration and thus naturally fill block fluid flow through the center post, figures 4A-4B).
Regarding claim 15, Morini discloses that the valve cradle further includes a retention wall (item 9, figure 4B) coupled to at least one arm (plurality of radial ribbings that form passageways 8, figures 4A-4B, page 4, lines 15-19) and arranged radially outward from the center post to cooperate with the at least one arm and an outer surface of the center post to define the product-discharge passageway (figures 4A-4B).
Regarding claim 16, Morini discloses that the at least one arm blocks the valve from moving axially downward from a lower end of the center post (figures 4A-4B).
Claims 9, 13, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schendel (WO 00/06460) (see attached machine translation).
Regarding claim 9, Schendel discloses a dispensing closure (figure 1) for a container (container, see disclosure), the dispensing closure comprising
a base (item 38, figure 1) configured to be mounted on a container, the base including a controller mount (items 16, 17, figures 1 and 2) having a cradle-support wall (item 27, figure 2) and a valve retainer (top wall 18 acts as a valve retainer, figures 1 and 2) coupled to the cradle-support wall and extending radially inward towards a central axis of the dispensing closure (figure 2), the valve retainer establishing a product-discharge outlet (item 16, figure 1) of the dispensing closure, and
a product-discharge controller (items 12, 14, figure 1) having a valve cradle (item 12, figure 1) formed to include a product-discharge passageway (figure 2) and a flexible valve (item 14, figure 1) configured to change between a normally-closed position in which the product-discharge passageway is closed off from the product-discharge outlet (figure 2) and a pressurized-open position in which the product-discharge passageway is in fluid communication with the product-discharge outlet (figure 3),
wherein the valve cradle includes a retention wall (circular edge wall of cradle 12, figures 1 and 2) coupled to the cradle-support wall and a center post (item 22, figure 1) arranged radially inward from the retention wall to cooperate with the retention wall to define the product-discharge passageway therebetween such that the product-discharge passageway is offset from the central axis, and wherein the flexible valve is axially-retained between the retention wall and valve retainer of the controller mount and engages the center post when the flexible valve is in the normally-closed position and is separated from the center post when the flexible valve is in the pressurized open position (figures 2 and 3).
Regarding claim 13, Schendel discloses that the dispensing closure includes an annular wall (item 38, figure 1), a top wall (item 18, figure 1) coupled to the annular wall and extending radially inward from an upper end of the annular wall, and the controller mount coupled to the top wall (figures 1 and 2), the controller mount including a cradle-support wall (item 27, figure 1) extending upwardly from the top wall (figure 2) and a valve retainer (top wall 18 acts as a valve retainer, figures 1 and 2) extending radially inward from an upper end of the cradle-support wall to define a product-discharge outlet of the dispensing closure (figure 1).
Regarding claim 14, Schendel discloses that an upper surface of at least one arm (item 24, figure 1) slopes downward from the controller mount towards the center post (rib 24 is angled downward from center post 22, figures 1 and 2).
Claims 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suffa et al. (“Suffa” hereinafter) (WO 9526306) (see attached machine translation).
Regarding claim 17, Suffa discloses a dispensing closure (figure 1) for a container (container, see disclosure), the dispensing closure comprising
a base (item 4, figure 1) including an annular wall extending circumferentially around a central axis of the dispensing closure, a top wall (item 5, figure 1) coupled to the annular wall and extending radially inward towards the central axis, and a controller mount (items 8, 9, figures 1 and 3) coupled to the top wall, the controller mount including a cradle-support wall (item 10, figure 1) and a valve retainer (item 14, figure 1) coupled to an upper end of the cradle-support wall and extending radially inward towards the central axis, the valve retainer establishing a product-discharge outlet (item 19, figure 1) of the dispensing closure, and
a product-discharge controller (items 2, 7, 11, 17, figure 3) having a valve cradle (items 7, 11, 17, figure 3) formed to include a product-discharge passageway and a flexible valve (item 2, figure 3) configured to change between a normally-closed position in which the product-discharge passageway is closed off from the product-discharge outlet (figure 3) and a pressurized-open arrangement in which the product-discharge passageway is in fluid communication with the product-discharge outlet (figure 4),
wherein the valve cradle cooperates with the valve retainer of the controller mount to fix an outer retention edge of the flexible valve therebetween (figure 3), the flexible valve including the outer retention edge, an inner edge (item 23, figure 3) arranged radially inward from the outer retention edge, and a main body (body of valve 2, figure 3) extending between the outer retention edge and the inner edge, the valve cradle including a retention wall (item 7, figure 3) coupled to the cradle-support wall, a center post (item 17, figure 3) arranged radially inward from the retention wall, and at least one arm (item 18, figures 2-3) extending between the retention wall and the center post to establish the product-discharge passageway such that the product-discharge passageway is offset from the central axis.
Regarding claim 18, Suffa discloses that the inner edge of the flexible valve engages the center post of the valve cradle when the flexible valve is in the normally-closed position (see figure 3) and is spaced apart axially from the center post when the flexible valve is in the pressurized-open position (see figure 4).
Regarding claim 19, Suffa discloses that the dispensing closure further comprises a lid (item 21, figure 2) coupled to the base with a hinge of the dispensing closure and being configured to change between a closed position in which the lid closes the product-discharge outlet (see figure 3) and an open position in which the lid is rotated about a pivot axis defined by the hinge to open the product-discharge outlet (see figure 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Suffa.
Regarding claim 20, Suffa teaches the base and the valve cradle but is silent to them being formed together as one piece.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Suffa such that the valve cradle and the base are formed together as one element to reduce the number of parts being manufactured and also simplify the assembly process. Since all of these parts are made of plastic or polymer materials it would be obvious to change their design to have integral base assemblies to reduce the number of components being formed through injection molding. It has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. (See MPEP § 2144.04 (V)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following document discloses subject matter related to a dispensing valve with a valve cradle and a flexible valve: US PN 4,506,809.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Vishal Pancholi/Primary Examiner, Art Unit 3754
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